International Criminal Law: Dealing with War Crimes

Collective Goods Problem

• Reciprocity solves the collective goods problem by rewarding behavior that contributes to the group and punishing behavior that pursues self-interest at the cost of the group.
• Positive and negative reciprocity can lead to a downward spiral as each side punishes what it believes to be the negative acts of the other.

Identity Principle

• Identity principle does not rely on self-interest.
• Members of an identity community care about the interests of others in the community enough to sacrifice their own interests to benefit others.
• Identity communities play important roles in overcoming difficult collective goods problems.

International Relations

• IR is a practical discipline that is interdisciplinary, drawing from economics, history, sociology, anthropology, and geography.
• IR is about international politics, but the field is interdisciplinary and usually taught within the discipline of political science.

War Crimes

• The ICRC does not participate in the investigation or prosecution of war crimes.
• Dealing with war crimes is a national responsibility requiring national implementing legislation.
• The United Nations Security Council established the International Criminal Tribunal for Rwanda to prosecute persons responsible for genocide and other serious violations of international humanitarian law.

International Humanitarian Law

• IHL protects those who do not, or no longer, take part in hostilities.
• IHL is applicable during armed conflict.
• All Parties are bound to respect IHL.

Law of Treaties

• A treaty is a formally concluded and ratified agreement between countries.
• Treaties are the principle source of international rights and obligations.
• Every State is a party to hundreds of treaties, bilateral and multilateral.

Signature and Ratification

• Signature of a treaty depends on whether or not the treaty is subject to ratification.
• Ratification is required for a state to re-examine the whole effect of the treaty upon their interests and to prepare public opinion for the obligation.
• The instrument of ratification is a document duly signed by the Heads of States concerned, and/or their Secretaries for Foreign Affairs.

Definition of a Treaty

• A treaty can be defined as a consensual engagement which subjects of international law have undertaken towards one another, with the intent to create legal obligations under international law.

Importance of the Law of Treaties

• The treaty is the most important source of international law.
• Treaties regulate practically every aspect of State behavior in times of peace and in times of war.

Global Trends

• Proliferation and networking of NGOs.
• Growth of international regimes.
• Decline of interstate warfare.
• Rapid proliferation of international law protecting the individual.

Global Threats

• Global environmental degradation.
• Overpopulation.
• Resource depletion.
• Proliferation of religious and ethnic extremism.
• Global proliferation of WMD.